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State of New Jersey, Civil Service Commission
Governor Chris Christie • Lt.Governor Kim Guadagno
 
 

Ida L. Castro, Chairwoman
Alan Dexter Bowman
Josephine DiRienzo
Margaret E.L. Howard
Robert J. Long

A regular meeting of the Merit System Board was held on Wednesday, May 28, 2003 in Trenton, New Jersey.

PRESENT: Chairwoman Ida L. Castro, Merit System Board Members, Alan Dexter Bowman, Josephine DiRienzo, Margaret E.L. Howard, and Robert J. Long; Elizabeth Laufer, Deputy Attorney General; and Henry Maurer, Director, Division of Merit System Practices and Labor Relations.

In accordance with L.1975, c.231, Chairwoman Ida L. Castro opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on May 2, 2003, and posted at the Department of Personnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwise specified.

STATE
The Merit System Board recorded the recommended changes in the State Classification Plan, copies of which are attached hereto and made a part hereof.

DATE: May 9, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

MOTOR VEHICLE COMMISSION
P.L.2003, c.13, the Motor Vehicle Security and Customer Service Act, authorized the New Jersey Motor Vehicle Commission to be established, in but not of the Department of Transportation, to replace the existing New Jersey Division of Motor Vehicles.

The law requires the creation of several unclassified titles for the administration of commission activities. We have identified an inactive, unclassified title of the appropriate range and bargaining unit that can be used in lieu of creating a new title. The re-named title will be used to classify the functions of staff functioning as motor vehicle agents.

TITLE REACTIVATION & VERBIAGE CHANGE OF UNCLASSIFIED TITLE
Effective: 05/17/03

 

FROM: TO:
Authority: R.S.39:3-3
Asst. Commissioner for Finance & Administration
M98-10097 O NL/12
Agent
M98-10097 O NL/12



DATE: May 9, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the Classification Plan

MOTOR VEHICLE COMMISSION
P.L.2003, c.13, the Motor Vehicle Security and Customer Service Act, authorized the New Jersey Motor Vehicle Commission to be established, in but not of the Department of Transportation, to replace the existing New Jersey Division of Motor Vehicles.

The law requires the creation of several unclassified titles for the administration of commission activities. We request the creation of these titles to comply with the terms of the law. The creation of a Trainee title of the appropriate workweek is also requested to classify duties of staff in training for the processing of agency transactions. The Trainee title should be assigned to the non-competitive service.

CREATION OF UNCLASSIFIED TITLES
Effective: 05/17/03

Authority: C. 39:2A-12.a(3)
Chair/Chief Administrator
X98 O NL/12

Authority: C.39:2A-10
Deputy Chief Administrator
X98 O NL/12

ADDITION OF TITLE
Effective: 05/17/03

Customer Service Representative Trainee
A99-_____ * 40/12
DATE: April 20, 2003

TO: Ida L. Castro, Commissioner
Department of Personnel

FROM: Elizabeth Van Marter, Director
Human Resource Management

SUBJECT: Change in the State Classification Plan

DEPARTMENT OF AGRICULTURE
The Department of Agriculture requests the creation of a new, department-specific title for use in the Division of Animal Health. The Division maintains disease control programs to protect the health and well being of livestock in New Jersey. These programs include tracking information about emerging diseases that may impact the Garden State, conducting epidemiological investigations of livestock diseases and drug residues, operating an animal health diagnostic laboratory, managing a contagious equine metritis quarantine facility for imported horses, and supporting an aggressive Johne's disease control program.

The title will be used to classify the duties of an incumbent responsible for the management of existing animal health programs, and the development and evaluation of new programs to address emerging and changing animal health issues affecting New Jersey livestock and poultry. The responsibilities of this position have expanded in recent years to include investigating and/or developing grant opportunities for Division programs, evaluating stakeholder needs and other state and federal initiatives to develop, enhance, implement and/or modify current and existing disease, quality assurance and animal welfare programs, developing and implementing educational and outreach programs, and supervision of Senior Veterinarians and other subordinate staff. The Department believes that the responsibilities performed by the incumbent exceed those intended for a Senior-level position.

The title should be assigned to the competitive service. The appropriate negotiations representatives have been notified, and are in agreement with this request.

ADDITION OF TITLE
Effective: 04/05/03

Principal Veterinarian, Disease Control
R31-_____ H NL/12

WITHDRAWAL OF APPEALS
The following appeals were withdrawn and removed from the hearing calendar:

William Caparazzo, Plumbing Sub-Code Official, City of Orange, Reprisal.

Linda Jackson, Human Services Assistant, Ancora Psychiatric Hospital, Department of Human Services, indefinite suspension.

Maureen Liberta, Public Safety Telecommunicator, Police Department, City of Jersey City, release at the end of the working test period.

William Nunn, County Correction Lieutenant, County of Burlington, suspension.

Frederick Schauer, Senior Sewer Repairer/Senior Water Repairer, Monroe Township Municipal Utilities Authority, suspension.

Wilhelmina Sherrod, Senior Correction Officer, Riverfront State Prison, Department of Human Services, removal.

Dorothy Sullivan, Police Officer, Police Department, City of Jersey City, removal.

DISMISSAL OF APPEALS - FAILURE TO APPEAR
The Merit System Board dismissed the following cases without prejudice for failure to appear at the scheduled hearing before the Office of Administrative Law:

Lee Barnett, Investigator 3, Department of Banking and Insurance, release at the end of the working test period.

Lori Hicks, Technician, MIS, Department of Health and Senior Services, release at the end of the working test period.

Michael Palkowitz, Building Maintenance Worker, Department of Transportation, removal and suspension.

Carl Simms, Intermittent Labor Clerk, Department of Labor, release at the end of the working test period.

Gwendolyn Suggs, Judiciary Clerk 2, Department of Judiciary, release at the end of the working test period.

SECTION A - HEARING MATTERS
A-1 SETTLEMENTS

In the Matter David Barnes
Department of Military and Veterans' Affairs
Five Removals

In the Matter of Estate of Darlene Bunda
County of Mercer
Department of Human Services
Removal

In the Matter of James Campbell
City of Jersey City
Housing Authority
Back pay dispute

In the Matter of Luanne Clouse
County of Morris
Fire Fighters and Police Training Academy
Removal

In the Matter of Aishah Dukes
Trenton Psychiatric Hospital
Department of Human Services
Removal

In the Matter of Gillespie
City of Clifton
Release at the end of the working test period

In the Matter of Debra Kilroy
County of Cumberland
Department of Emergency Communications
Resignation not in good standing


In the Matter of John King
Borough of Lincoln Park
Department of Public Works
Removal

In the Matter of Richard Logan
Albert Wagner Youth Correctional Facility
Department of Human Services
Removal

In the Matter of Mark Walker
East Jersey State Prison
Department of Corrections
Suspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENT

ACTION: The Merit System Board acknowledged the settlements.

A-2 SONIA EDWARDS
Sonia Edwards, Secretarial Assistant II Non-Stenographer, Department of Health and Senior Services, 60-day suspension, on charges of conduct unbecoming a public employee, and other sufficient cause: tampering with official documentation and theft.

Recommendation of the Administrative Law Judge - Modify the 60-day suspension to a 120-day suspension.

ACTION: The Merit System Board modified the recommendation of the Administrative Law Judge to a 90-working day suspension.

A-3 THOMAS GRAY
Thomas Gray, Police Officer, City of Newark, Police Department, 45-day suspension (15 days held in abeyance) on charges of neglect of duty and violation of Police Department rules regarding assistance to citizens and a five-day suspension for neglect of duty and violation of Police Department rules regarding care of property.

Recommendation of the Administrative Law Judge - Reverse the 45-day suspension and uphold the five-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

 

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)


A-4 SHARON K. MOTON
Sharon K. Moton, Practical Nurse, County of Camden, Long Term Care Department, six-month suspension on charges of conduct unbecoming a public employee, patient abuse and violation of patient rights.

Recommendation of the Administrative Law Judge - Uphold the six-month suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-5 ROBERT ROKICKI
Robert Rokicki, Maintenance Repairer, County of Monmouth, Department of Public Works Buildings and Grounds, resignation not in good standing effective March 22, 2002, on the charge of abandonment of his position.

Recommendation of the Administrative Law Judge - Uphold the resignation not in good standing.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-6 ANDERSON WALKER
Anderson Walker, Police Officer, City of Newark, Police Department, 12-day suspension on charges of violation of Police Department rules and regulations regarding official business, outgoing communications, communications through channels and neglect of duty.

Recommendation of the Administrative Law Judge - Reverse the 12-day suspension.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

 

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

A-7 MERLE WASHINGTON
Merle Washington, Customer Service Information Specialist 3, Department of Transportation, indefinite suspension on charges of official misconduct, conspiracy and bribery.

Recommendation of the Administrative Law Judge - Pursuant to an order of forfeiture, dismiss the appeal as moot.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-8 WILLIAM BLOODGOOD
William Bloodgood, Senior Correction Officer, Edna Mahan Correctional Facility for Women, Department of Corrections, removal effective December 19, 2001 on charges of conduct unbecoming a public employee, and use, possession, or sale of any controlled dangerous substance.

Recommendation of the Administrative Law Judge - Uphold the removal

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-9 STEVEN GWOZDIK
Steven Gwozdik, Truck Driver, Single Axle, Department of Transportation, removal effective April 13, 2001, on charges of falsification and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-10 LEE LEVERETTE, JR.
Lee Leverette, Recreation Maintenance Worker, County of Union, Department of Parks and Recreation, removal effective June 7, 2002 on charges of incompetency, inefficiency or failure to perform duties, conduct unbecoming a public employee and other sufficient cause.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-11 BRIAN A. WHITTLE
Brian A. Whittle, Firefighter, City of East Orange, Fire Department, removal effective March 21, 2001, on the charge of other sufficient cause: violation of random drug and alcohol testing policy and violation of a Last Chance Agreement.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

A-12 DANIEL WILLIAMS
Daniel Williams, Laborer, City of Newark, Department of Water and Sewer Utilities, removal effective February 1, 2000, on the charge of chronic and excessive absenteeism and resignation not in good standing.

Recommendation of the Administrative Law Judge - Modify the removal to a sixty-day suspension and reverse the resignation not in good standing.

ACTION: The Merit System Board affirmed the recommendation of the Administrative Law Judge.

 

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

A motion was made and seconded that the open session be recessed and that, pursuant to Section 12(b) of the Open Public Meetings Act, the Merit System Board entered into Executive Session for the purpose of legal advice on the matter of A-13 Ramona Harvey. The Board subsequently reconvened the public meeting.

A-13 ROMONA HARVEY (CONSOLIDATION)
Romona Harvey, a principal Social Service Aide with the Division of Youth and Family Services, Department of Human Services, was removed from her position, effective September 13, 2001, on a charge of conduct unbecoming a public employee.

Recommendation of the Administrative Law Judge - Uphold the removal.

ACTION: The Merit System Board directed that this matter be held over.

A-14 ALISHA ROBERTSON-SETTLEMENT
Alisha Robertson, City of Newark School District, Security Guard, removal effective December 28, 2001, on charges of conduct unbecoming a public employee and other sufficient cause. Settled to a 60-day suspension.

Recommendation of the Administration Law Judge - Acknowledge the settlement.

ACTION: The Merit System Board acknowledged the settlement.

SECTION B - MISCELLANEOUS MATTERS
B-1 PATRICIA ALEXANDER
Patricia Alexander, a Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-2 CECELIA DAVIES
Cecelia Davies, a Cottage Training Technician with New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-3 GERTRUDE DICKERSON
Gertrude Dickerson, a Cottage Training Supervisor at New Lisbon Developmental Center, Department of Human Services, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-4 KATHLEEN FUQUAY
Kathleen Fuquay, a Senior Clerk Typist with New Jersey City University, appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-5 VICTORIA HAGAN
Victoria Hagan a Social Worker 2 with the Southern State Correctional Facility, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted in part.

B-6 DELLA HANSOM
Della Hansom, an Education Program Assistant 1, with the Marie H. Katzenbach School for the Deaf, Department of Education (DOE), appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be denied.

B-7 BEVERLY MADDREY
Beverly Maddrey, a Senior Food Service Handler with the New Jersey Veterans Memorial Home at Vineland, Department of Military and Veterans affairs, appeals the denial of sick leave injury benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-8 JELANI S. NYAHUMA
Jelani S. Nyahuma, a Correction Sergeant with the Albert C. Wagner Youth Correctional Facility, Department of Corrections (DOC), appeals the denial of sick leave injury (SLI) benefits.

ACTION: The Merit System Board directed that this appeal be granted.

B-9 KEISHA BENNETT
Keisha Bennett appeals the decision of Human Resource Information Systems, which found that appointing authority had presented a sufficient basis to remove her name from the Correction Officer Recruit (S9999D), Department of Corrections eligible list, on the basis of an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal be denied.

B-10 KEVIN BENSON
Kevin Benson appeals the decision of the Division of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Correction Officer Recruit (S9999D), Department of Corrections (DOC), on the basis of an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal be denied.

B-11 GEORGE BLUMENSCHEIN
George Blumenschein, represented by Alan Genitempo, Esq., appeals the decision of Human Resources Information Services, which upheld the bypass of his name for appointment from the March 28, 2002 certification of the Director of Purchasing (C6464C), Bergen County, eligible list.

ACTION: The Merit System Board directed that this appeal be denied.

B-12 DENISE BROWN
Denise Brown appeals the decision of Human Resource Information Services which removed her name from Community Relations Specialist (M6664C), Jersey City eligible list due to her failure to appear for a scheduled interview.

ACTION: The Merit System Board directed that this appeal be granted.

B-13 RAYMOND COOPER
Raymond Cooper, represented by Richard L. Press, Esq., appeals the determination of Human Resource Information Services which fund that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Human Services Specialist 1 (C1465B), Cape May County for failure to satisfy the experience requirement.

ACTION: The Merit System Board directed that this appeal be denied.

B-14 JUAN JOSE COPELLO
Juan Jose Copello appeals the removal of his name from the eligible list for Police Officer (S9999B), City of Paterson (Paterson), on the basis that he falsified his application.

ACTION: The Merit System Board directed that this appeal be granted.

B-15 JULIA ANN FULLER
Julia Ann Fuller appeals the decision of Human Resource Information Services (HRIS) which removed her name from the eligible list for Probation Officer, (S0681C), Essex County and Union County Vicinages on the basis of her failure to respond to the certifications.

ACTION: The Merit System Board directed that these appeals be denied.

B-16 JALAL GHAVAMI
Jalal Ghavami appeals the determination of the Division of Human Resource Information Services which upheld the removal of his name from the Principal Accountant (M6691C), City of Newark eligible list on the basis that he did not complete preemployment processing.

ACTION: The Merit System Board directed that this appeal be denied.

B-17 ROBERT JOHNSTON
Robert Johnston appeals the determination of the Division of Human Resource Information Services (HRIS) which upheld the removal of his name from the eligible list for Police Officer (S9999B) Monroe Township on the basis of an unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-18 ABDUR-RAHIM MUHAMMAD
Abdur-Rahim Muhammad appeals the decision of Human Resource Information Systems, which found that appointing authority had presented a sufficient basis to remove his name from the Correction Officer Recruit (S9999D), Department of Corrections eligible list, on the basis of an unsatisfactory driving record.

ACTION: The Merit System Board directed that this appeal be denied.

B-19 DAVID MELCHIORRE
David Melchiorre, a Sub-Code Official with the Department of Community Affairs (DCA), appeals the decision f the Division of Human Resource Information Services (HRIS) which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Construction Official (S9083B), Department of Community Affairs, on the basis that he failed to respond to the certification notice.

ACTION: The Merit System Board directed that this appeal be granted.

B-20 NICHOLAS POPAILO
Nicholas Popailo, represented by Gregory A. Busch, Esq., appeals the decision of Human Resource Information Services which found that the appointing authority had presented a sufficient basis to remove his name from the eligible list for Police Officer (S9999B), Jersey City, on the basis of his failure to meet the residency requirement.

ACTION: The Merit System Board granted a hearing.

B-21 KENNETH T. SASS
Kenneth T. Sass appeals the decision of the Human Resource Information Services, which found that the County of Union had presented a sufficient basis to remove the appellant's name from the Juvenile Detention Officer (C2023C), County of Union, eligible list due to unsatisfactory background report.

ACTION: The Merit System Board directed that this appeal be denied.

B-22 JOHN VARGAS
John Vargas, represented by Stuart J. Alterman, Esq., appeals the decision of the Division of Human Resource Information Services, which upheld his non-appointment from the Supervisor Building Services (M4023C), Vineland City School District/Board of Education eligible list.

ACTION: The Merit System Board directed that this appeal be denied.

B-23 BEATRICE CROSS
Beatrice Cross, a Senior Correction Officer at South Woods State Prison, Department of Corrections, (DOC), appeals the determination of the Director, Equal Employment Division, DOC, which found that she failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-24 DANIEL DEVAULT
Daniel DeVault, a Sergeant with the Division of State Police, Department of Law and Public Safety (DPL&S), appeals the determination of the Equal Employment Opportunity Officer for DPL&S, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-25 TOMAS MARCIAL
Tomas Marcial, a Senior Clerk Transcriber with the State Parole Board (SPB), appeals the determination of the Deputy Executive Director, SPB, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-26 THOMAS SATZ
Thomas Satz, a Senior Youth Worker with the Arthur Brisbane Child Treatment Center, Department of Human Services (DHS), appeals the determination of the Assistant Commissioner for Human Resources, DHS, stating that the appellant failed to present sufficient evidence to support a finding that he had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-27 ATIYA WAHAB
Atiya Wahab, a Hazardous Site Mitigation Specialist 1 with the Department of Environmental (DEP), appeals the determination of the Chief of Staff, DEP, which found that she failed to present sufficient evidence to support a finding that she had been subjected to violations of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-28 PATRICIA WILLIAMS
Patricia Williams, a Storekeeper at Riverfront State Prison, Department of Corrections (DOC), appeals the determination of the Director, Equal Employment Division (EED), with the DOC, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment, or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-29 LORA WONNUM-GAINES
Lora Wonnum-Gaines, a former Principal Investigator Insurance Fraud Prevention with the Office of the Insurance fraud Protection, Division of Criminal Justice, Department of Law and Public Safety, appeals the determination of the Executive Assistant Attorney General, stating that the appellant failed to present sufficient evidence to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination, Harassment or Hostile Environments in the Workplace.

ACTION: The Merit System Board directed that this appeal be denied.

B-30 JOSEPH FOTI
Joseph Foti, a County Police Officer with Essex County, represented by Timothy R. Smith, Esq., petitions the Merit System Board for interim relief of his removal, effective December 3, 2002, pending the outcome of his hearing at the Office of Administrative Law.

ACTION: The Merit System Board denied the request.

B-31 AUDYSHA SMITH
Audysha Smith, a Clerk Typist with the Department of the Treasury, represented by Mary E. Brown, Staff Representative, CWA Local 1033, petitions the Merit System Board for interim relief of her removal from employment.

ACTION: The Merit System Board denied the request.

B-32 DELORES BASCO-BERENFELD AND TEREATHA RILEY
Delores Basco-Berenfeld, a Head Nurse, and Tereatha Riley, a Habilitation Plan Coordinator, both represented by William G. Schimmel, Esq., petition the Merit System Board for reconsideration of that part of its decision rendered on January 15, 2003, which upheld their 30-day suspensions on charges.

ACTION: The Merit System Board denied the request for reconsideration.

B-33 JILL MCGRANE
Jill McGrane, an Intermittent Technical Assistant 3 with the Department of the Treasury, represented by Jesse J. Averhart, Executive Vice President, CWA Local 1033, petitions the Merit System Board for reconsideration of the final decision rendered on October 9, 2002, which upheld her release at the end of the working test period.

ACTION: The Merit System Board denied the request for reconsideration.

B-34 TODD MURRAY
Todd Murray, represented by Henry J. Cistrelli, Esq., petitions the Merit System Board (Board) for reconsideration of the final administrative decision, rendered on January 15, 2003, in which the Board denied his appeal for SLI benefits.

ACTION: The Merit System Board denied the request.

B-35 CONSTRUCTION MANAGEMENT SPECIALIST 3 (S6489C), DEPARTMENT OF THE TREASURY
The appointing authority requests permission not to make an appointment from the certification for Construction Management Specialist 3 (S6489C), Department of the Treasury.

ACTION: The Merit System Board granted the request for appointment waiver, but assessed selection costs.

B-36 LEONARD CUNNINGHAM, ONE DAY SUSPENSION
Leonard Cunningham, Senior Parole Officer, State Parole Board, represented by Mark W. Catanzaro, Esquire, appeals minor discipline of a one day suspension.

ACTION: The Merit System Board directed that this appeal be denied.

B-37 LUCY GORANT
Lucy Gorant, a Clerk Typist with the County Clerk's Office, Bergen County, requests a hearing regarding her removal from employment, effective February 10, 2003.

ACTION: The Merit System Board granted a hearing.

B-38 JOSEPH SCHARNITZ
Joseph Scharnitz, a County Correction Officer with Mercer County, represented by Frank M. Crivelli, Esq., requests Merit System Board review of his alleged demotion to the title of County Correction Officer.

ACTION: The Merit System Board directed that this appeal be denied in part and the appellant be granted a make-up examination for County Correction Sergeant.

B-39 ROBERT DYNOW
The Superior Court, Appellate Division, has reversed and remanded the June 12, 2001 decision of the Merit System Board, which found that the appeal of Robert Dynow regarding the removal of his name from the Police Officer (S9999A), City of Perth Amboy, eligible list, was untimely.

ACTION: The Merit System Board directed that this appeal be granted.

B-40 ANTHONY PUNIELLO
Anthony Puniello, represented by Michelle Lebovitz Lamar, Esq., requests that the decision in In the Matter of Anthony Puniello, Section Chief, Technical/Scientific/Engineering (PS0192G), Department of Environmental Protection (Merit System Board, decided September 10, 2002) upheld on reconsideration in In the Matter of Paul Baldauf, et al., Section Chief, Technical/ Scientific/ Engineering (PS0192G), Department of Environmental Protection (Merit System Board, decided January 29, 2003) be vacated and petitions the Board for counsel fees and costs.

ACTION: The Merit System Board granted the request in part.

B-41 AGOSTINHO MORAIS
Agostinho Morais, a Police Officer with the City of Newark, appeals his removal, effective May 4, 2000. This matter was before Administrative Law Judge Mumtaz Bari-Brown (ALJ), who rendered her initial decision on March 20, 2003 dismissing the appeal. At its meeting on May 7, 2003, the Merit System Board adopted the ALJ's recommendation. The proposed final decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

 

VOTE: Ida L. Castro (Abstained)
  Alan Dexter Bowman (Abstained)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-42 JAMES SHANKS
The appeal of James Shanks, an Equipment Operator, City of Atlantic City, Department of Public Works, of his removal effective November 21, 2001 on charges, was heard by Administrative Law Judge Edgar R. Homes (ALJ), who rendered his initial decision on March 12, 2003. At its meeting on May 7, 2003, the Board adopted the ALJ's recommendation to uphold the Removal. The Board also awarded back pay from April 23, 2001 to August 13, 2001. The proposed decision is now submitted for the Board's review.

ACTION: The Merit System Board adopted the final decision.

 

VOTE: Ida L. Castro (Abstained)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Yes)

B-43 LORNA J. ABDULLAH, ET AL
Lorna J. Abdullah, Fannie H. Boisseau, Robin L. Perkins and Arlene D. Swinnerton appeal the determinations of the Division of Selection Services which found that they did not meet the announced experience and education requirements for the promotional examination for Driver Improvement Analyst 3 (PS2368T), Department of Transportation, and Ms. Boisseau and Ms. Swinnerton appeal the Division of Selection Services' determination that they did not meet the announced education and experience requirements for Driver Improvement Analyst 2 (PS2369T), Department of Transportation.

ACTION: The Merit System Board directed that these appeals be denied.

B-44 RICHARD ANDRESS
Richard Andress appeals the determination of the Division of Selection Services that he was ineligible for the promotional examination for County Corrections Sergeant (PC2628D), Gloucester County.

ACTION: The Merit System Board directed that this appeal be denied.

B-45 ASHANTI BAKER, ET AL
Ashanti Baker, Maria Benet-Rush, Carol DiAnthony, Sharon Mason, Alicia Ojeniyi, Renee Riviello, Robert Satin, and Ramona Wischet appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements form the open competitive examination for Habilitation Plan Coordinator (S0057D). Lynn Lofton and Scott Shaw appeal the determination of the Division of Selection Services which found that they were below the minimum requirements in education for the open competitive examination for Habilitation Plan Coordinator (S0057D). Sadia Qadeer-Carnahan appeals the determination of the Division of Selection Services which found that she did not have her foreign transcript evaluated for the open competitive examination for Habilitation Plan Coordinator (S0057D), Department of Human Services.

ACTION: The Merit System Board directed that these appeals be denied.

B-46 LUCILLE M. BLEEKER
Lucille M. Bleeker appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Supervisor of Accounts (PM0810D), City of Paterson.

ACTION: The Merit System Board directed that this appeal be granted.

B-47 NEDRA BROUGHTON
Nedra Broughton appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Classification Officer 1 (PS1491I), Bayside State Prison.

ACTION: The Merit System Board directed that this appeal be denied.

B-48 ANGELA CAPUANO
Angela Capuano appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Technical Assistant (MIS) (PM0296D), Middle Township School District.

ACTION: The Merit System Board directed that this appeal be denied.

B-49 CHARLES CROWLEY AND LYNN LOYER
Charles Crowley and Lynn Loyer appeal the determination of the Division of Selection Services which found that they did not meet the experience requirements for the promotional examination for Program Manager, Addictions (PS1470H), Department of Health and Senior Services.

ACTION: The Merit System Board directed that these appeals be denied.

B-50 BARRY DANZIGER
Barry Danziger appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Employment Services Specialist 2, Account Executive (PS5227N), Department of Labor.

ACTION: The Merit System Board directed that this appeal be denied.

B-51 LINDA GAINES AND CARMEN HOLMES
Linda Gaines appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Supervising Administrative Analyst (PM0290D), City of Camden, Carmen Holmes appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for the Supervising Administrative Analyst (PM0290D), City of Camden.

ACTION: The Merit System Board directed that these appeals be denied.

B-52 SHARON GREEN
Sharon Green appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the open competitive examination for Supervising Data Control Clerk (M0057D), City of Newark.

ACTION: The Merit System Board directed that this appeal be granted.

B-53 THOMAS HAMILTON AND ROBERT SHAMROCK
Thomas Hamilton (PM2527D), Jersey City and Robert Shamrock (PM2532D), Long Branch appeal the determination of the Division of Selection Services, which found them ineligible for the promotional examination for Police Sergeant (Various jurisdictions). This matter was held over from the April 23, 2003 Board meeting.

ACTION: The Merit System Board directed that these appeals be granted.

B-54 EDWIN HENNELLY
Edwin Hennelly appeals the determination of the Division of Selection Services which found him ineligible for the promotional examination for Police Sergeant (PM2532D), Long Branch.

ACTION: The Merit System Board directed that this appeal be denied.

B-55 THOMAS MENARD
Thomas Menard appeals his ineligibility for the promotional examination for County Correction Lieutenant (PC2638B), Burlington County.

ACTION: The Merit System Board directed that this appeal be denied.

B-56 THOMAS A. MICHETTI
Thomas A. Michetti appeals the determination of the Division of Selection Services, which found that, as per the substitution clause for education, he did not meet the experience requirements for the promotional examination for Assistant Director of Public Works (PM0014A), Township of South Orange Village.

ACTION: The Merit System Board directed that this appeal be granted.

B-57 CHERYL MUNSON
Cheryl Munson appeals the determination of the Division of Selection Services which found that she was below the minimum requirements in experience for the promotional examination for Senior Clerk Transcriber (PM0936D), Willingboro Township.

ACTION: The Merit System Board directed that this appeal be denied.

B-58 MATTHEW PANYKO
Matthew Panyko appeals the determination of the Division of Selection Services, which found that he did not meet the experience requirements for the promotional examination for Administrative Analyst 1 (PS3213K), Division of Developmental Disabilities Human Services.

ACTION: The Merit System Board directed that this appeal be denied.

B-59 ENID S. PIPITONE
Enid S. Pipitone appeals the determination of the Division of Selection Services, which found that she did not meet the experience requirements for the promotional examination for Administrative Secretary (PC2034C) Essex County.

ACTION: The Merit System Board directed that this appeal be granted.

B-60 KENNETH J. SOLINSKI
Kenneth J. Solinski appeals the determination of the Division of Selection Services which found that he did not meet the experience requirements for the promotional examination for Mechanic (PM0060D), Town of Kearny.

ACTION: The Merit System Board directed that this appeal be denied.

B-61 CHRISTINE VAUGHAN
Christine Vaughan appeals the determination of the Division of Selection Services, which found that she was below the minimum requirements in education for the promotional examination for Consulting Dietician Management Specialist (PS2432I), Department of Corrections.

ACTION: The Merit System Board directed that this appeal be granted.

B-62 JOHN BODNAR
John Bodnar appeals his score for the oral portion of the examination for Fire Lieutenant (PM3024C), Perth Amboy.

ACTION: The Merit System Board directed that this appeal be denied.

B-63 ROBERT CARTER
Robert Carter appeals his score on the examination for Deputy Fire Chief (PM3578C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-64 TERRANCE CROWDER
Terrance Crowder appeals his score on the examination for Deputy Fire Chief (PM3593C), Camden City.

ACTION: The Merit System Board directed that this appeal be denied.

B-65 DAVID CURTIS
David Curtis appeals his score on the examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

ACTION: The Merit System Board directed that this appeal be denied.

B-66 NICHOLAS GAZZILLO
Nicholas Gazzillo appeals his score on the examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

ACTION: The Merit System Board directed that this appeal be denied.

B-67 LEONARD GINO
Leonard Gino appeals his score on the examination for Deputy Fire Chief (PM3578C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-68 WILLIAM HANDS
William Hands appeals his score on the examination for Deputy Fire Chief (PM4000C), Belleville.

ACTION: The Merit System Board directed that this appeal be denied.

B-69 JOHN HAZLETT
John Hazlett appeal his score on the examination for Deputy Fire Chief (PM3589C), Ventnor City.

ACTION: The Merit System Board directed that this appeal be denied.

B-70 JOHN HIGGINSON
John Higginson appeals his score on the examination for Deputy Fire Chief (PM3578C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-71 RICHARD LA TERRA
Richard LaTerra appeals his score on the examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

ACTION: The Merit System Board directed that this appeal be denied.

B-72 MARTIN MANDELL
Martin Mandell appeals his score on the examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

ACTION: The Merit System Board directed that this appeal be denied.

B-73 FRANK MONTAGNE
Frank Montagne appeals his score on the examination for Fire Officer 3 (PM4011C), North Hudson Regional Fire and Rescue Service.

ACTION: The Merit System Board directed that this appeal be denied.

B-74 MICHAEL MUCCIO
Michael Muccio appeals his score on the examination for Deputy Fire Chief (PM3580C), Paterson.

ACTION: The Merit System Board directed that this appeal be denied.

B-75 RICHARD ORIS
Richard Oris appeals his score on the examination for Deputy Fire Chief (PM3576C), Elizabeth.

ACTION: The Merit System Board directed that this appeal be denied.

B-76 THOMAS REISS
Thomas Reiss appeals his score on the examination for Deputy Fire Chief (PM3578C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-77 GREGORY ROGERS
Gregory Rogers appeals his score on the examination for Deputy Fire Chief (PM3592C), Bayonne.

ACTION: The Merit System Board directed that this appeal be denied.

B-78 JAMES ROGERS
James Rogers appeals his score on the promotional examination for Supervising Emergency Medical Technician (PM1985B), City of Elizabeth.

ACTION: The Merit System Board directed that this appeal be denied.

B-79 WILLIAM SCOTT
William Scott appeals his score for the promotional examination for Deputy Fire Chief (PM3576C), Elizabeth.

ACTION: The Merit System Board directed that this appeal be denied.

B-80 DEAN SPANN
Dean Spann appeals his score on the examination for Deputy Fire Chief (PM3575C), East Orange.

ACTION: The Merit System Board directed that this appeal be denied.

B-81 WILLIAM TANSY
William Tansy appeals his score on the examination for Deputy Fire Chief (PM3578C), Newark.

ACTION: The Merit System Board directed that this appeal be denied.

B-82 CHRISTOPHER WEISS
Christopher Weiss, represented by Dennis Lenard, Esq., appeal his score on the examination for Deputy Fire Chief (PM3575C), East Orange.

ACTION: The Merit System Board directed that this appeal be denied.

B-83 ROBERT ZIENIUK
Robert Zieniuk appeals his score on the examination for Deputy Fire chief (PM3593C), Camden City.

ACTION: The Merit System Board directed that this appeal be denied.

B-84 DAVID BORODZIUK, ET AL.
David Borodziuk (PM2517D), Camden; Salvatore Saggio and Jeffrey Shom (PM2519D), Clifton; Frank Thorpe (PM2523D), Elmwood Park; Brian LaRosa (PM2524D), Fair Lawn; Patricia Cassidy, Vincent Cook, Thomas Cowan, Robert Gutch, Michael Kenny, Peter Lagis, Michael McCormack, Scott McNulty, John Redmond, Joseph Sarao, Scott Shnee, Ilias Voutsas and Jay White (PM2527D), Jersey City; Charles Fergie (PM2528D), Kearny, Michael Schulz (PM2532D), Long Branch; Chris Leusner (PM2535D), Middle Township; Keith Laverty (PM2563D), Millburn; Yvonne Christiano and Paul Schulze (PM2542D), Parsippany-Troy Hills, Raymond Jazikoff (PM2549D), South Plainfield; Kenneth Egbert and Thomas Finley (PM2552D), Teaneck; Kenneth Bayer and Scott Davis (PM2553D), Union; Sean Daly (PM2554D), West New York; Michael Moeller (PM2556D), Butler; William Moyle (PM2567D), Sparta; Christopher Rooney (PM2568D), Brick; Timothy Lloyd (PM2569D), Hackensack; and Michael Martin (PM2573D), Linden, appeal the written examination for Police Sergeant (various jurisdictions).

ACTION: The Merit System Board directed that these appeals be granted in part.

B-85 GEORGE KUHN, ET AL
George Kuhn, Fire Lieutenant (PM3023C), Linden; Thomas Wolansky, Fire Lieutenant (PM3026C), Union Township; George Myers, Fire Captain (PM4044C), Hamilton Township; Joseph Sanfelice II and Robert Whitehead, Fire Captain (PM4046C), Morristown; and Frederick Leonardo and Peter Smith, Fire Captain (PM4053C), West Orange, appeal the correct responses to questions on the promotional examination for Fire Lieutenant and Captain (various jurisdictions).

ACTION: The Merit System Board directed that these appeals be denied.

B-86 HILTON WHITAKER, ET AL
Hilton Whitaker, Joseph Franklin, Allen Nicholson and Peter Eckel, represented by John Feeley, Esq., appeal the administration and review of the promotional examination for Fire Lieutenant (PM3572A), Plainfield.

ACTION: The Merit System Board directed that this appeal be denied.

B-87 NICHOLAS INCANNELLA, ET AL.
Nicholas Incanella (PC2512D), Union County; Jeff Welsh (PM2524D), Fair Lawn; Glenn Critelli, Abad Perez and Frank Scarpa (PM2527D), Jersey City; and Adam Pharo (PM2534D), Manasquan; appeal the determination of the Division of Selection Services, which denied their requests for a make-up examination for County Police Sergeant and Police Sergeant (various jurisdictions). This matter was held over from the April 23, 2003 Board meeting.

ACTION: The Merit System Board directed that these appeals be denied.

B-88 RONALD LATTANZIO, ET AL.
Ronald Lattanzio (PM2517D), Camden; Joseph Zemzicki, represented by Yasmyne Laverty, Esq., (PM2519D), Clifton; William Cotton (PM2520D), East Orange; Timothy Crowley and Juan Romaniello, represented by Peter Varsalona, Esq., Nelson Rivera, represented by Daniel Welsh, Esq., Angel Concepcion (PM2520D), East Orange; and James Cowan, represented by Arnold Lakind, Esq., (PM2527D), Jersey City; appeal the determination of the Division of Selection Services, which denied their request for a make-up examination for Police Sergeant (various jurisdictions). This matter was held over from the April 23, 2003 Board meeting

ACTION: The Merit System Board directed that these appeals be granted.

B-89 ADRIENE WRIGHT
Adriene Wright appeals the validity of the promotional examination for Administrative Analyst 1 (Data Processing) (PS3929U), Office of Information Technology.

ACTION: The Merit System Board directed that this appeal be denied.

B-90 GAIL TIGHE
Gail Tighe, represented by Rosemarie Cipparulo, Esq., seeks acknowledgement of a settlement concerning scoring Ms. Tighe's experience on the promotional examination for Principal Forensic Scientist (PS8578P), Department of Law and Public Safety.

ACTION: The Merit System Board acknowledged the settlement.

B-91 MICHAEL CARBONELLI
Michael Carbonelli, represented by Gregory A. Busch, Esq., appeals the administration and certification process for Police Sergeant and requests revival of the Police Sergeant (PM3776V), Paterson eligible list to effect his appointment.

ACTION: The Merit System Board directed that this appeal be denied.

B-92 DONALD COCCHI
Donald Cocchi represented by Daniel Zirrith, Esq., petitions the Merit System Board for reconsideration of the decision rendered on September 25, 2002 which denied his appeal regarding his seniority score on the promotional examination for Fire Captain (PM2589A), Newark.

ACTION: The Merit System Board directed that this matter be held over.

B-93 REJEAN LALIBERTE
Rejean Laliberte petitions the Merit System Board for reconsideration of its decision rendered on January 29, 2003 in which the Board determined the appellant's rank and score were proper for the Construction Official (M9665C), Berkeley Township, promotional examination.

ACTION: The Merit System Board denied the request.

B-94 JEN PING WANG
Jen Ping Wang petitions the Merit System Board for reconsideration of its decision rendered on September 10, 2002 in which her request for admittance to the examination for Manager 1, Information Processing (PS4911K), Division of Youth and Family Services was denied.

ACTION: The Merit System Board granted the request.

B-95 HELEN LULLING
The Director, Division of Selection Services, requests that the provisions of N.J.A.C. 4A:4-1.1(c), career service appointments, be relaxed in order to allow Helen Lulling to be provisionally appointed, pending promotional examination, to the competitive title of Secretarial Assistant 1.

ACTION: The Merit System Board granted the request.

B-96 NICHOLAS DETRIZIO
The City of Hoboken, represented by Sean Dias, Esq., requests relaxation of N.J.A.C. 4A:4-7.1A(d) so as to permit the intergovernmental transfer of Nicholas Detrizio from the title of Sheriff's Officer, Hudson County Sheriff's Office, to the title of Police Officer, City of Hoboken.

ACTION: The Merit System Board granted the request.

B-97 PROPOSED REACSCTION WITH AMENDMENTS: N.J.A.C. 4A:6-1 THROUGH 5 (LEAVES, HOURS OF WORK AND EMPLOYEE DEVELOPMENT)
It is recommended that the proposed amendments to N.J.A.C. 4A:6-1 through 5 (Leaves, Hours of Work and Employee Development) be readopted with the proposed amendments.

ACTION: The Merit System Board adopted the proposal with technical changes not requiring additional public notice or comment.

B-98 STATE VOLUNTARY FURLOUGH PROGRAM
The Commissioner, Department of Personnel, recommends relaxation of eligibility criteria to extend the voluntary furlough program up to the end of fiscal year 2004.

ACTION: The Merit System Board granted the request.

B-99 MICHAEL CYBULSKI
Michael Cybulski appeals his score on the examination for Deputy Fire Chief (PM3583C), Linden.

ACTION: The Merit System Board directed that this appeal be denied.

 

VOTE: Ida L. Castro (Yes)
  Alan Dexter Bowman (Yes)
  Josephine DiRienzo (Yes)
  Margaret E. L. Howard (Yes)
  Robert J. Long (Abstained)

B-100 EARLY SETTLEMENTS
Folashade Arinzwchi
Woodbridge Developmental Center
Department of Human Services
Suspension

Donald Attanasio
Department of Labor
Return to formerly held permanent title

Gerald Baisden
New Jersey City University
Removal

Marion Brown
County of Morris
Department of Long Term Care Services
Suspension

Marie Dieujuste
County of Morris
Department of Long Term Care Services
Suspension

Hilorry Dixon
County of Morris
Department of Long Term Care Services
Suspension

Judith Edwards
County of Morris
Department of Long Term Care Services
Suspension

Olakorede Elegbede-Stout
Greenbrook Regional Center
Department of Human Services
Removal

Marie Etienne
County of Morris
Department of Long Term Care Services
Suspension

Virginia Georges
County of Morris
Department of Long Term Care Services
Suspension

Shanell Gratz
Greenbrook Regional Center
Department of Human Services
Suspension

Anita Hamblet
County of Morris
Department of Long Term Care Services
Suspension

Norman Lewis
Rowan University
Resignation not in good standing

James Marsala
New Jersey State Prison
Department of Corrections
Suspension

Velma Savory
County of Morris
Department of Long Term Care Services
Suspension

Nellie Thompson
County of Morris
Department of Long Term Care Services
Suspension

Merline Weir-Stewart
County of Morris
Department of Long Term Care Services
Suspension

Kenneth Wynder
Trenton Psychiatric Hospital
Department of Human Services
Suspension

ACTION: The Merit System Board acknowledged the settlements.

B-101 MERIT SYSTEM BOARD MINUTES
The Merit System Board Minutes for the meeting of May 7, 2003 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of its meeting of May 7, 2003.

VOTE: Ida L. Castro (Abstained)
Alan Dexter Bowman (Yes)
Josephine DiRienzo (Yes)
Margaret E. L. Howard (Yes)
Robert J. Long (Yes)

There being no further business before the Merit System Board, the meeting was adjourned to convene on Wednesday, June 11, 2003, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.

__________________________________
IDA L. CASTRO
COMMISSIONER
MERIT SYSTEM BOARD

 
 
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